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[T] People v. Ventura5/6/2004
New York Law Journal, March 16, 1993 at 1 and 25. Village Parking Officer must have local authority to issue ticket for violation of State Vehicle and Traffic Law. Case dismissed. See also, Morris, Bogle, Liotti and Dobiel, Village, Town and District Courts in New York, (West Group, 1995-present).
Every judicial officer, in passing upon a search warrant application, is mindful of his or her duty not to exceed their jurisdiction and at the same time to uphold the law wherever the Constitution and the mores of our society as reflected in our common law, so provide. We are concerned for the security of this nation but at the same time fear that our actions, even to a limited extent, may foster the creation of a police state thus causing the elimination of individual rights and liberties. Trampling upon the rights of an accused in this small Village may go unnoticed unless the Court shows its cognition for these competing issues. The Court's constituency is not police unions and their lobbyists, rather it is the people who are subject to the enforcement of laws and their interpretation. While those in law enforcement have an interest in the enforcement of our laws they are less concerned about a violation of their civil rights since few are the subject of arrests, searches and seizures. Privacy of the home is more a concern of those living within it, than it is of the constable seeking to enter, inspect, search and seize.
Privacy interests are greatest in the home. The home provides solace and is a refuge from the outside world, the public fora or the common areas of the community. The house is a place where our most intimate relationships abide; where confidential matters and secrets are stored. The private and personal personas of most individuals are very different. We wear more apparel when we are outside the home and less inside of it. The same is true of makeup and other accoutrements of living in a modern society. Generally, we are more informal and less guarded in our homes than we are outside of them.
The search and seizure provisions of the United States Constitution are no doubt the by-product of the tyranny of a feudal lord system in England that made serfs no better than indentured servants with no rights of privacy since their lands and homes did not belong to them, but rather were owned in fee simple absolute by the noblemen for whom they slaved. Similarly our enactment of the Fourth Amendment was considered within the context of a broad range of other individual rights including, for example, the right to privacy, freedom of religion, association, speech, the right to bear arms and the right to be free from the use of our homes by the militia except in times of war. Indeed, the right to bear arms became a part of the Bill of Rights so that our citizenry would be in a position, if necessary, to oppose governmental tyranny by armed rebellion including the armed defense of their homes and property. These are the most basic and fundamental rights upon which this Republic was founded. These rights should only be disavowed in cases involving the most urgent and dire interests of society as a whole. This does not seem to be the case as far as the Village's attempt to utilize the search and seizure laws in order to enforce its Building Code, is concerned.
This Court must make its decision by following the law and not public opinion. In the words of my late colleague and friend, Associate Justice Frank Santagata, we must function "without fear or favor." All this Court can do is to honestly follow the law by protecting the rights of those before it and all those in this Village and elsewhere who may be effected by this decision.
It was just a few short y
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